PROJ01947 ‎(2)‎

• Contract/PO #: C150121
• Contractor Name: Little Thompson Water District
• Contract Type: Loan
• Water District: 2
• County: Weld
• Loan Projects - Doc Type: Contract Documents

eminent domain, the BORROWER shall cause the net proceeds of any insurance claim or
condemnation award to be applied to the prompt replacement, repair and restoration of
the PROJECT facilities or any portion thereof, or to repayment of this loan. Any net
proceeds remaining after such work has been completed or this loan has been repaid,
shall be retained by the BORROWER. If the net insurance proceeds are insufficient to
pay the full cost of the replacement, repair and restoration, the BORROWER shall
complete the work and pay any cost in excess of the net proceeds. In the event
BORROWER chooses to repay the loan, BORROWER shall remain responsible for the full
loan amount outstanding regardless of the amount of such insurance proceeds or
condemnation award.

9. Captions. The captions and headings contained in this contract are for convenience
and reference only, and shall not be construed so as to define or limit the terms or
provisions contracted herein.

10. CWCS's Approval. This contract requires review and approval of plans, specifications,
and various other technical and legal documents. The CWCB's review of these
documents is only for the purpose of verifying BORROWER'S compliance with this
contract and shall not be construed or interpreted as a technical review or approval of
the actual design or construction of the PROJECT. Notwithstanding any consents or
approvals given to the BORROWER by the CWCB on any such documents, BORROWER
and any of its consultants, by preparing any such documents, shall be solely
responsible for the accuracy and completeness of any of said documents.

11. Waiver. The waiver of any breach of a term of this contract shall not be construed as a
waiver of any other term or of any subsequent breach of the same term.

12. Addresses for mailing. All notices, correspondence, or other documents required by
this contract shall be delivered or mailed to the addresses shown in the Project
Summary, Section 1 for the BORROWER and to the address below for the CWCB:

Colorado Water ConseNation Board
Attn: Construction Fund Section
1313 Sherman Street, Room 721
Denver, CO 80203

SPECIAL PROVISIONS (4/1/04 version). State Fiscal Rule 3-1 requires the inclusion of these
Special Provisions in every STATE contract, including grants.

1. CONTROLLER'S APPROVAL. CRS 24-30-202 (1)

This contract shall not be deemed valid until it has been approved by the Controller of
the State of Colorado or such assistant as he may designate.

2. FUND AVAILABILITY. CRS 24-30-202 (5.5)

Financial obligations of the State of Colorado payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.

3. INDEMNIFICATION.

To the extent authorized by law, the BORROWER shall indemnify, save, and hold harmless

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